New Delhi, Dec 28 (PTI) A Delhi court has acquitted three people in a 2009 acid attack case as the prosecution failed to prove the charges, and rapped the police for conducting a "nonchalant and unprofessional" investigation that appeared was to shield the culprits.
In an order dated December 24, 2025 and made available on Sunday, Additional Sessions Judge Jagmohan Singh acquitted Yashwinder, Bala and Mandeep, who were accused of hatching a criminal conspiracy with a juvenile to carry out acid attack on MBA student Shaheen Malik in Haryana's Panipat.
The juvenile was convicted of the crime on December 17, 2015.
"From the very beginning, the investigation was conducted in the most nonchalant and unprofessional manner, showing no sensitivity to the fact that it was a case of acid attack," the court said in its judgment.
"From the shoddy manner in which the investigation was conducted, one wonders if it was by design, to shield the culprits," it said.
It noted that the police took no meaningful steps to identify the culprits for several years after the incident, which took place on November 19, 2009, and instead filed an "untrace report" in March 2010. The victim's statement was recorded only in October 2013, the court noted.
Judge Singh pointed out serious lapses, including failure to deposit crucial case property -- such as the victim's burnt bag and the glass used to throw acid -- in the repository and send them for forensic analysis.
No effort was made to verify the alleged purchase of acid, conduct a test identification parade, collect call detail records, seize mobile phones of the accused, or gather electronic evidence to establish conspiracy, the court observed.
It said the supervisory police officers failed in their duty by mechanically forwarding the untrace report and the chargesheet without scrutiny.
"In view of the above lapses, one wonders if the investigation was by design, and calculated to scuttle the case of the prosecution," the judge said.
The court further ordered Panipat Superintendent of Police (SP) to conduct an inquiry into the lapses, fix responsibility of erring officials and take appropriate action within 30 days. The SP was also directed to file a compliance report before the court.
According to the prosecution, Malik was attacked with acid in 2009 after she moved to Panipat to work as a student counsellor at a college owned by Yashwinder. She also simultaneously enrolled for an MBA programme at Punjab Technical University.
The prosecution claimed that she faced harassment from Yashwinder at her workplace. It alleged that Yashwinder's wife Bala conspired with two university students, Mandeep Mann and the juvenile, to attack Malik.
In 2013, the case was transferred to Delhi's Rohini court from Panipat.
Bala was charged under Sections 120B (criminal conspiracy), 326 (voluntarily causing grievous hurt) and 308 (attempt to commit culpable homicide) of Indian Penal Code, while Yashwinder was charged under Sections 364 A (kidnapping), 376 (rape), 506 (criminal intimidation), and 511 (attempting an offence).
Mandeep was tried for offences under IPC sections 120B, 326 and 308.
In its 53-page order, the court said it had "due empathy" for Malik, but other than the strong suspicion raised by her, which could not substitute legal proof, there was no incriminating evidence against the accused.
"The prosecution has failed to prove any of the charges against the accused persons beyond a reasonable doubt. Accordingly, accused Yashwinder, Bala and Mandeep are hereby acquitted of the charged offences," it said.
The court, however, underlined that an acid attack was a heinous offence.
"There is no denying the fact that the prosecutrix is a victim of an acid attack. It is also well documented that she had to bear incalculable suffering due to the acid attack and had to undergo as many as 18 surgeries. It is also a fact that due to the acid attack, she lost vision in one eye completely, and in the second eye, the vision could only be partly restored," the court said.
It said acid attack victims had to deal with scars on their psyche, and their souls suffered in agony.
Regarding the charges against Yashwinder, the court said, "There is nothing in the entire testimony of the prosecutrix that she ever brought the above violent and aggressive behaviour of Yashwinder to the knowledge of his wife who, as per the prosecutrix, was teaching in the college. Nor did she seek any help from Bala to leave the job, even when the prosecutrix was aware that there Yashwinder and Bala used to quarrel on account of Yashwinder's behaviour towards the prosecutrix." It said the circumstances of the case strengthened the inference that the victim and Yashwinder had an emotional attachment beyond the arena of a normal employer-employee relationship.
Reasonable doubts arise about the prosecutrix's version about an alleged attempt to rape by Yashwinder, the judge said.
The court underlined that there were also "serious doubts" regarding other charges, in the absence of corroborating evidence apart from the victim's testimony.
On Bala's role, the court said the victim has only raised a suspicion that she was also involved in the conspiracy, but suspicions could not replace the requirement of proof.
Similarly, there was no evidence against the third accused, Mandeep, it said.
"There is nothing on record to show that the two above accused had a prior meeting of minds among themselves as well as with (the convicted) CCL (child in conflict with law) to throw acid. The investigating officer also did not collect any call detail records between the two above accused, nor any CCTV footage in support of the charge," the court said.
Earlier, speaking to PTI, the victim's advocate, Madiah Shahjar, had said, "The decision will be challenged in the Delhi High Court and, if required, in the Supreme Court." On December 4, the Supreme Court, while hearing a PIL filed by the victim, termed tardy trials in acid attack cases as a "mockery of the system" and directed all high courts to submit details of such pending cases across the country within four weeks.
The apex court termed the prolonged delay in Malik's case a "national shame" and directed the trial to be held on a day-to-day basis. PTI SKM MNR RUK RUK
/newsdrum-in/media/agency_attachments/2025/01/29/2025-01-29t072616888z-nd_logo_white-200-niraj-sharma.jpg)
Follow Us